77-23b-8. Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.
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77-23b-8. Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.
(1)Except under Subsection 77-23b-4(5) , any provider of electronic communications service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may in a civil action recover from the person or entity that engaged in that violation relief as is appropriate.
(2)In a civil action under this section, appropriate relief includes:
(a)preliminary and other equitable or declaratory relief as is appropriate;
(b)damages under Subsection
(3); and
(c)a reasonable attorney's fee and other litigation costs reasonably incurred.
(3)The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case is a person entitled to recover less than $1,000.
(4)A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this chapter or any other law:
(a)a court warrant or order, a grand jury subpoena, legislative authorization, or a statutory authorization;
(b)a request of an investigative or law enforcement officer under Subsection 77-23a-10(7) ; or
(c)a good faith determination that Subsection 77-23a-4(9) permitted the conduct complained of.
(5)A civil action under this section may not be commenced later than two years after the date the claimant first discovered or had a reasonable opportunity to discover the violation.
Amended by Chapter 22 , 1989 General Session
Amended by Chapter 122 , 1989 General Session